U.S. District Judge Aileen Cannon has delivered another victory to former President Donald Trump in his battle over classified documents, issuing a stern warning to special counsel Jack Smith to either hand over all classified materials to a jury or risk Trump’s acquittal due to a lack of evidence.
According to The Daily Beast, Judge Cannon’s ruling on Monday evening puts Smith in a tight spot, compelling him to present evidence that Trump might have unlawfully possessed documents containing sensitive national security information. Failure to comply means risking a Trump acquittal based on insufficient evidence of any classified documents in his possession.
In her decision, Judge Cannon outlined two options for Smith: either allow the jury to review all documents Trump retained as “personal” mementos, or instruct the jury that a president holds exclusive authority to classify records during their presidency.
Cannon pointed out the ambiguity of the 1978 Presidential Records Act, suggesting that outgoing presidents have the discretion to exclude what they deem personal records from those transmitted to the National Archives and Records Administration.
In the event of an appeal to the Eleventh Circuit Court of Appeals, Smith faces further delays in a trial that many believe could extend beyond the 2024 election. This complicates matters for prosecutors who aim to avoid prolonged litigation. Currently, the Justice Department is prosecuting Trump in a case linked to the January 6th, 2021 Capitol riots, while separate criminal cases in New York and Georgia add to the legal quagmire. Smith must juggle these cases alongside potential appeals of Judge Cannon’s latest ruling, in addition to setbacks in discovery timelines and opportunities for Trump’s legal team to challenge witnesses.
Trump has consistently argued that any documents in his possession were declassified under the Presidential Records Act. However, former Mar-a-Lago staff members, who have struck plea deals, have testified against him. Despite being appointed by Trump, Judge Cannon declined to dismiss the case entirely last week.
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